Welcome to Local Flavor Films + Photography ("Company", "we", "our", "us")!
These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our website located at https://localflavorfilms.com (together or individually "Service") operated by Local Flavor Films + Photography.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
Please read these Terms and Conditions carefully before using our Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, the security code of your credit card, your billing address and your billing zip code.
Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Local Flavor Films + Photography and its licensors. Local Flavor Films + Photography retains the copyright for all images, videos and 3D tours (content) we produce. The copyright of any image, video or 3D tour is not transferrable to any other party unless a specific written agreement is made ahead of time.
2. Multi-Use. A multi-use, or commercial license, has less restrictions, broader permissions and longer usage terms. Content may be used multiple times; for promotion, advertising, marketing, or a keepsake, rather than just a one-time sale. The client is a business who is promoting themself, a for-sale-by-owner or person wanting a keepsake. Example: A builder, vacation rental or restaurant owner intends to use the content for several years for promoting their business over a variety of mediums (website, social media, magazines, print articles, etc). Or a for sale by owner who may continue to use the content after the sale is complete. Commercial projects take longer to capture than residential-for-sale because the requirements vary from project to project. Because of this there is not a consistent workflow, preparation is typically done on-site instead of ahead of time.
B. Single Use
1. The commissioning Real Estate Agent/Broker/Realtor (Client) is granted a single-use license to use the content produced for the said Client in any media form electronic or printed, marketing materials and advertising campaigns associated with the promotion of that property while Client manages the listing, for up to one year. The content may also be used by the Client’s parent company for the sole purpose of marketing the specific property captured. Client may also use content for self promotion. The license expires once property has Sold, Expired, been Withdrawn, or one year has lapsed- whichever comes first.
2. The licensing agreement is valid only for the property that is listed for sale by the commissioning Client and cannot be reused or transferred to a third party without specific written permission. Client may not give, license or sell content to anyone. This includes the property owner, other real estate agent, broker, realtor, builder, architect, stager or any other vendor. Any usage of the content by a third party, including but not limited to architects, builders, designers, stagers, buyers or sellers is strictly prohibited unless approved in writing by Local Flavor Films + Photography. Content cannot be given, sold or licensed to another real estate agent, broker, property owner, etc who takes over an expired or withdrawn listing. Any other uses will be asked to remove the content from all electronic or printed form of advertising or marketing. Local Flavor Films + Photography recognizes that Client does not control how content is shared by MLS and syndicated to other property listing sites (Zillow, Redfin, Realtor, et al.) and Client is not liable for such use beyond license expiration.
3. Images must not be edited/altered by anyone other than Local Flavor Films + Photography with the exception of minor cropping and/or resizing only.
C. Multi Use
1. The commissioning Client is granted a multi-use license to use the content produced for the said Client in any media form electronic or printed, marketing materials and advertising campaigns as Client sees fit, for up to ten years.
2. The licensing agreement is valid for the commissioning Client and cannot be transferred to a third party without specific written permission. Client may not sub-license or sell content to a third party. Any usage of the content by a third party is strictly prohibited unless approved in writing by Local Flavor Films + Photography.
3. Images must not be edited/altered by anyone other than Local Flavor Films + Photography with the exception of minor cropping and/or resizing only.
Disregarding these licensing terms will result in a copyright infringement/violation and may result in legal action.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Local Flavor Films + Photography.
Local Flavor Films + Photography has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You agree to defend, indemnify and hold harmless Local Flavor Films + Photography and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall Local Flavor Films + Photography, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of GA, US, without regard to its conflict of law provisions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at [email protected].